To qualify as having a serious health condition under the Family and Medical Leave Act, an employee must have sought periodic treatment before requesting or taking leave for a chronic condition, a federal appeals court ruled October 18, 2024, in Rodriquez v. SEPTA. In a win for employers, the U.S. Court of Appeals for the Third Circuit denied a former employee’s FMLA claim of interference and retaliation because he did not seek certification of his chronic serious health condition in advance.
The Southeastern Pennsylvania Transportation Authority fired bus operator Ephriam Rodriquez for violating a collective bargaining agreement’s attendance policy. Rodriquez had not requested FMLA leave and obtained supporting medical documentation until after the termination process began.
The Third Circuit’s opinion indicates that employers may continue to discipline employees for violating attendance policies when they are not on notice that an employee’s absence may qualify for job-protected leave.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.